MIRA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioners, learned APP for the State and learned counsel for the opposite party no. 2.

(2.) The petitioners have filed the instant application praying for quashing the order dtd. 28/11/2022 passed in Mahila P.S. Case no. 1 of 2020 by the learned Sub-Divisional Magistrate, Begusarai whereby the learned trial Court was pleased to take cognizance under Sec. 498A and 34 of the Indian Penal Code and Sec. 3 and 4 of the Dowry Prohibition Act.

(3.) The prosecution case as per the written statement of the opposite party no. 2 addressed to the Officer In-Charge of Mahila Police Station, Begusarai made on 15/1/2020 is to the effect that the opposite party no. 2 who is working as a teacher was married to one Santosh Kumar in the year 2010. At the time of marriage her parents gave Rs.5,00,000.00 in cash, ornaments worth Rs.5,00,000.00 and furniture by way of gift. A child was born in October, 2012. Her husband got employed as a Junior Engineer in Guwahati, however, soon thereafter his behaviour towards the opposite party no. 2 changed for the worse. He started to abuse and assault the opposite party no. 2 and started making demand of a car by way of dowry from her parents. It is for this that the petitioners herein who happen to be the motherin-law, bhaisur (husband's elder brother) and gotni (wife of husband's elder brother) along with others started to physically and mentally torture the opposite party no. 2. She was abused and assaulted and her husband stopped talking to her. Though a Panchayat was held, they were not ready to abide by its decision. On one of the dates of occurrence, the three petitioners herein along with her husband also came to school where she was posted in the capacity of a teacher and assaulted her in presence of other teachers who protested to the said occurrence. As such it was prayed that the F.I.R be registered.